Why is it legal for many state-owned enterprises to send labor services?

Compared with private enterprises, state-owned enterprises bear more social responsibilities in the process of market operation because of their state-funded nature, and have stricter norms and requirements for their use of labor dispatch tools. However, when dealing with the labor dispatch relationship, there are many labor disputes due to lack of legal understanding and other reasons. How should state-owned enterprises use labor dispatch workers legally, reasonably and effectively?

Characteristics of labor dispatch in state-owned enterprises

Generally speaking, the labor dispatch of state-owned enterprises has the following characteristics compared with private enterprises:

1. The demand for labor dispatch workers is more urgent.

Establishment is the symbolic feature of state-owned enterprises. The state controls the personnel relations of state-owned enterprises by controlling the establishment and the number of leadership positions within the establishment, thus controlling the operation and development of state-owned enterprises.

However, with the expansion of the scale of state-owned enterprises, the original establishment amount can no longer meet the needs of enterprise development, and state-owned enterprises can not expand the establishment amount at will like private enterprises. Therefore, state-owned enterprises can alleviate this contradiction by constantly recruiting and using informal workers. It can be seen that the demand of state-owned enterprises for labor dispatch is far greater than that of private enterprises.

2. Easy to face greater risks

State-owned enterprises are generally large enterprises that grasp the lifeline of the national economy or play a leading role in the national economy. Although they are also engaged in market economy, they have a profound impact on the operation of the national economy, the interests of the public and the lives of ordinary people. This requires that the market behavior of state-owned enterprises must be more strictly regulated and restricted, otherwise it will seriously affect the normal operation of the national economy.

In state-owned enterprises, due to the high proportion of informal workers such as labor dispatchers in all employees, it is inevitable that some labor dispatchers will be in important positions. On the one hand, the personnel management of labor dispatch workers belongs to labor dispatch companies, and state-owned enterprises have only management and command power over them in business, and their management and restraint are limited; On the other hand, the large gap in welfare treatment may cause a strong psychological gap among some labor dispatch employees, making their work attitude slack.

Many factors make state-owned enterprises face greater employment risks when using labor dispatch hours. State-owned enterprises may need to formulate stricter systems, establish more perfect risk prevention mechanisms, and perform greater prudential attention and supervision and management duties in their daily work when they use labor dispatch hours in large quantities. Prevent related risks caused by improper labor dispatch.

Five kinds of legal risks

In the legal relationship of labor dispatch, because it involves the tripartite relationship between the employer, the labor dispatch company and the laborer, its rights and obligations are relatively complicated, and it is likely that it is a third party with a relationship among the three parties, which has many problems in the distribution of rights and responsibilities and faces multiple risks. From the specific risks, it can be summarized into five types: own legal risk, labor relationship risk, labor service risk, business risk and tort liability risk.

1. at your own risk.

Self-legal risk refers to the hidden danger that the employer may not meet the statutory dispatch conditions when using labor dispatch hours. According to Article 66 of the Labor Contract Law